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(영문) 수원지방법원 성남지원 2011.12.16 2011고단430
사기 등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From around 2005, the Defendant is operating the optical communication connection chain C.

A person who closes down around October 2010 and is currently engaged in real estate development business.

As the defendant was sealed in the financial shortage while operating C, he had the victim D and E invest in real estate with the investment of real estate, acquired the money, and used it for the operation expenses, etc. of C.

1. Frauding against victims D;

A. On December 2006, the Defendant made a false statement to the victim D, at the office of K (KT) branch in Gangdong-gu Seoul Metropolitan Government 1, 415-9, to the effect that “If an apartment building under construction in Gyeonggi-do is completed at present, if it is sold within the past year, the sales price would be KRW 120 million or KRW 130 million, and the sales price would be KRW 80,000,000,000,000,000,000,000,000,000,000,000, if there is a shortage of the construction price, the apartment would be sold within the year, and the sales price would be refunded if it is not sold smoothly.”

However, the fact that the defendant received investment money from the victim and thought to be used as the operating fund of the defendant C operated by the defendant, but actually did not have the intention or ability to invest in the apartment under construction in the Gyeonggi-do.

On December 22, 2006, the Defendant, by deceiving the victim as above, received money of KRW 80 million from the victim to the bank account (F) in the name of the Defendant.

B. On January 2007, the Defendant made a false statement to the victim D to the effect that “When the forest in Gyeonggi-si is already made possible to be constructed because the purpose of use of the forest in Gyeonggi-si has already been changed to a housing site, it would be a lot of the land value if the access road is already created, and if so, the Defendant would offer a house to the land owner who sold the land, and then would offer a profit by selling in lots, and then make an investment of KRW 80 million.”

However, the defendant receives investment money from the victim and uses it as operating funds of C operated by the defendant.

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